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High court won't intervene in fight over Jesus poster

By The Associated Press
04.24.06

WASHINGTON — The Supreme Court refused today to get involved in a fight over a Jesus poster that a New York kindergarten student submitted for a class assignment on ways to save the environment.

The Baldwinsville Central School District in suburban Syracuse wanted justices to stop a lawsuit filed by Antonio Peck and his parents, who claim his free-speech rights were violated when school officials censored his poster.

The justices' action in Baldwinsville Central School District v. Peck leaves in place an appeals court ruling that requires a trial to determine whether Antonio's rights were violated when school officials obscured a robed figure in the boy's poster in displaying it at a school assembly in 1999.

The New York-based 2nd U.S. Circuit Court of Appeals had agreed with the school district that there was no evidence to suggest teachers or administrators had acted with hostility toward religion when they folded Antonio's poster in half.

And the appeals court found that Antonio's poster was not responsive to his teacher's assignment to "save the environment" by depicting trash collection and conservation efforts.

But the 2nd Circuit said a trial must be held to determine whether Antonio's free-speech rights were violated because his poster was censored by the district's viewpoint on religion.

Antonio, now in the 6th grade, received considerable help from his mother, JoAnne, with two posters, the first of which was rejected because it did not depict any conservation efforts.


Update
3rd time in court for suit over censored religious poster
As a kindergartener in 1988, Antonio Peck drew picture of Jesus as part of assignment to create poster about the environment; school rejected it and a second image. 01.31.07

Previous
2nd Circuit again finds family can sue over Jesus poster
Panel: Judge's decision overlooked evidence that 'suggested that the poster was censored ... because it offered a religious perspective.' 10.20.05

Related

Censoring Jesus hurts schools, violates free speech

By Charles C. Haynes Kindergartener's environmental poster should have been displayed without its image of Jesus folded over. 10.30.05

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